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kuldeep singh khaira

District Consumer Forum Ludhiana tells department of Food & Civil Supplies and Consumer Affairs to provide information and pay compensation

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kuldeep singh khaira

Forum tells department to pay compensation

Puneet Pal Singh Gill

Tribune News Service

 

Ludhiana, February 15

The District Consumer Disputes Redressal Forum has directed the department of food and civil supplies and consumer affairs to pay a compensation of Rs 1,000 to a local resident for failing to provide information under the Right to Information (RTI) Act.

 

The complainant, Kuldeep Singh Khaira, had alleged deficiency in service on the part of the department.

 

In July past year, he had served a legal notice on the district food and civil supplies controller under relevant sections of the Consumer Protection Act, 1986, and Section 80 of the Civil Procedure Code after the department failed to provide him information under the Act within 30 days.

 

In its order dated February 10, the forum observed that the state public information officer (PIO) with the department had failed to provide information under the Act within the prescribed period of 30 days.

 

The order stated that the PIO had not only violated the Act, but also committed deficiency in service under consumer laws.

 

The forum order also mentioned that when a legal notice was served on the official, he chose not to take cognisance of the matter or reply to the notice. The opposite parties were duly served notices and clerk Amit Kumar Soni appeared on their behalf.

 

After the case was fixed for filing a written reply, neither the opposite parties, nor their representative appeared to contest the complaint. They did not even file a written reply despite many opportunities and were proceeded against ex-parte.

 

Applicant a consumer

 

In a revision petition related to a complaint filed by Dr SP Thirumala Rao against the Mysore Municipal Commissioner, the National Consumer Disputes Redressal Commission, New Delhi, observed on May 28, 2009, that under the RTI Act, the applicant was a consumer and the non-submission of information by a public authority amounted to deficiency in service under the Consumer Protection Act, 1986.

 

What is it all about

 

Through an application dated May 30, Khaira had sought information on the rent deed for the third floor of the Zone D building between the municipal corporation and the department of food and civil supplies.

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skmishra1970

Kuldeep Ji Congratulations for your winning journey, please keep it up with some another departments to bring real transparency in the working of PA

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skmishra1970

Kuldeep Ji Congratulations for your winning journey, please keep it up with some another departments to bring real transparency in the working of PA

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kuldeep singh khaira

Mishra ji, journey has started now in the instant case. We would have to file RTI to know the detail of account from which compensation is going to be paid. Most probably the officials try to pay it from their own pocket to escape from departmental action and audit objections. It is a wrong precedent prevailed in Govt. offices.

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skmishra1970

Kuldeep Ji, You had one option to aurge before DCDRF to award compensation by deducting the same from the salary of responsible employee as per ruling of Hon'ble Supreme Court in judgement dated 05-11-1993 in Lucknow Development Authority Vs M.K. Gupta [1994 AIR 787, 1994 SCC (1) 243, JT 1993 (6) 307, 1993 SCALE (4) 370] that :-

"........When a citizen seeks to recover compensation from a public authority in respect of injuries suffered by him for capricious exercise of power and the National Commission finds it duly proved then it has a statutory obligation to award the same. It was never more necessary than today when even social obligations are regulated by grant of statutory powers. The test of permissive form of grant is over. It is now imperative and implicit in the exercise of power that it should be for the sake of society. When the court directs payment of damages or compensation against the State the ultimate sufferer is the common man. It is the tax payers' money which is paid for inaction of those who are entrusted under the Act to discharge their duties in accordance with law. It is, therefore, necessary that the Commission when it is satisfied that a complainant is entitled to compensation for harassment or mental agony or oppression, which finding of course should be recorded carefully on material and convincing circumstances and not lightly, then it should further direct the department concerned to pay the amount to the complainant from the public fund immediately but to recover the same from those who are found responsible for such unpardonable behaviour by dividing it proportionately where there are more than one functionaries.........."

 

In view of above, If DCDRF issued order to recover the same from the concerned employee that was your plus point. Further I would like to request you to upload the copy of order on this forum for the benefit of other member.

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